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GEORGE STASH & SONS v. NEW HOLLAND CREDIT CO.

905 A.2d 541 (2006)

GEORGE STASH & SONS, Appellant, v. NEW HOLLAND CREDIT COMPANY, LLC, Appellee.

Superior Court of Pennsylvania.

Filed August 2, 2006.

Attorney(s) appearing for the Case

Melinda D. Dellarose, Uniontown, for appellants.

Stephanie T. Anderson, Pittsburgh, for appellee.

BEFORE: MUSMANNO, ORIE MELVIN and COLVILLE, JJ.

OPINION BY COLVILLE, J.:

¶ 1 This is an appeal from the order granting summary judgment on the grounds that Appellant, George Stash & Sons, having not registered its fictitious name with the Commonwealth of Pennsylvania, lacked the capacity to sue. We reverse and remand for further proceedings.

¶ 2 George and Mark Stash performed mowing services under the fictitious name George Stash & Sons. They did not register this name. In 1995, Appellant...

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